DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 2 is objected to because of the following informalities: Claim 2 recites the phrase “the substituent is each independently selected from”. Applicants are advised to amend this phrase to recite “the substituent is independently selected from“. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: Claim 2 recites the phrase “the substituent Ra of each group is each independently selected from”. Applicants are advised to amend this phrase to recite “the substituent Ra is independently selected from“. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: Claim 5 recites the phrase “the substituent Ra of each group is each independently selected from”. Applicants are advised to amend this phrase to recite “the substituent Ra is independently selected from“. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: Claim 10 recites the following “A guest material of luminescent layer, comprising at least one of the compound according to claim 1”. Applicants are advised to amend claim 10 to recite “A guest material for a luminescent layer comprising at least one compound according to claim 1”. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: Claim 11 recites the following: “An organic electroluminescent device, comprising at least of the guest material of luminescent layer according to claim 10”. Applicants are advised to amend claim 11 to recite “An organic electroluminescent device, comprising at least one guest material according to claim 10”. Appropriate correction is required.
Claim Rejections - 35 USC § 112/101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 7 provides for the use of the compound as a material for a functional layer of an organic electroluminescent device, but since the claims does not set forth any steps involved in the method/process, it is unclear what method/process Applicants in intending to encompassed. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced.
Claims 7-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claimed recitation of a use without setting forth any steps involved in the process, results in an improper definition of a process, i.e. results in a claim which is not a proper process claim under 35 U.S.C. 101. See for example Ex parte Dunki, 153 USPQ 678 (Bd.App. 1967) and Clinical Products, Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966).
Allowable Subject Matter
Should Applicants address the formal issues discussed above, claims 1-6 and 10-12 would be allowable over the “closest” prior art Byun et al (CN 101016317, cited on IDS filed on 8/7/2023, see English language equivalent US 2007/0190358), Duan et al (CN 101186624 cited on IDS filed on 8/7/2023), Maji et al (see Switchable Hydrogenation with Betaine-Derived Bifunctional Ir-NHC Catalyst, cited on IDS file on 8/7/2023), Navarro-Ranninger et al (see attached pages of A Cyclometallated Pd(II) complex containing a Cytosine Mold Nucleobase), and Chen et al (see attached pages of Organometallic Ruthenium(II) Diamine Anticancer Complexes: Arene-Nucleobase Stacking and Stereospecific Hydrogen-Bonding in Guanine Adducts) for the following reasons.
Byun et al discloses organometallic compounds such as:
PNG
media_image1.png
120
202
media_image1.png
Greyscale
and
PNG
media_image2.png
164
252
media_image2.png
Greyscale
.
However, the reference does not disclose or suggest a compound with the formula:
PNG
media_image3.png
148
234
media_image3.png
Greyscale
,
where W is bivalent radical of a compound or a bivalent radical of a derivative of a compound selected from the group consisting of: adenine, guanine, thymine, cytosine and uracil, i.e.
PNG
media_image4.png
140
142
media_image4.png
Greyscale
,
PNG
media_image5.png
158
172
media_image5.png
Greyscale
,
PNG
media_image6.png
110
150
media_image6.png
Greyscale
PNG
media_image7.png
112
158
media_image7.png
Greyscale
, and
PNG
media_image8.png
104
144
media_image8.png
Greyscale
,
as required by the present claims.
Duan et al discloses organometallic compounds such as:
PNG
media_image9.png
214
268
media_image9.png
Greyscale
PNG
media_image10.png
198
286
media_image10.png
Greyscale
and
PNG
media_image11.png
178
292
media_image11.png
Greyscale
.
However, the reference does not disclose or suggest a compound with the formula:
PNG
media_image3.png
148
234
media_image3.png
Greyscale
,
where W is bivalent radical of a compound or a bivalent radical of a derivative of a compound selected from the group consisting of: adenine, guanine, thymine, cytosine and uracil, i.e.
PNG
media_image4.png
140
142
media_image4.png
Greyscale
,
PNG
media_image5.png
158
172
media_image5.png
Greyscale
,
PNG
media_image6.png
110
150
media_image6.png
Greyscale
PNG
media_image7.png
112
158
media_image7.png
Greyscale
, and
PNG
media_image8.png
104
144
media_image8.png
Greyscale
,
as required by the present claims.
Maji et al discloses organometallic compounds such as:
PNG
media_image12.png
142
166
media_image12.png
Greyscale
and
PNG
media_image13.png
146
168
media_image13.png
Greyscale
.
However, the reference does not disclose or suggest a compound with the formula:
PNG
media_image3.png
148
234
media_image3.png
Greyscale
,
where W is bivalent radical of a compound or a bivalent radical of a derivative of a compound selected from the group consisting of: adenine, guanine, thymine, cytosine and uracil, i.e.
PNG
media_image4.png
140
142
media_image4.png
Greyscale
,
PNG
media_image5.png
158
172
media_image5.png
Greyscale
,
PNG
media_image6.png
110
150
media_image6.png
Greyscale
PNG
media_image7.png
112
158
media_image7.png
Greyscale
, and
PNG
media_image8.png
104
144
media_image8.png
Greyscale
,
as required by the present claims.
Navarro-Ranninger et al discloses a cyclometallated, dinuclear complex of Pd(II) with the 3,8-dinitro-6-phenylphenanthridine ligand substituted by the deprotonated model nucleobase 1-methylcytosine to give a doubly bridged 1-methylcytosinato complex (Abstract). However, the reference does not disclose or suggest a compound with the formula:
PNG
media_image3.png
148
234
media_image3.png
Greyscale
,
where W is bivalent radical of a compound or a bivalent radical of a derivative of a compound selected from the group consisting of: adenine, guanine, thymine, cytosine and uracil, i.e.
PNG
media_image4.png
140
142
media_image4.png
Greyscale
,
PNG
media_image5.png
158
172
media_image5.png
Greyscale
,
PNG
media_image6.png
110
150
media_image6.png
Greyscale
PNG
media_image7.png
112
158
media_image7.png
Greyscale
, and
PNG
media_image8.png
104
144
media_image8.png
Greyscale
,
as required by the present claims.
Chen et al discloses a ruthenium complex with the formula:
PNG
media_image14.png
148
172
media_image14.png
Greyscale
,
where X is the guanidine derivative:
PNG
media_image15.png
106
126
media_image15.png
Greyscale
.
However, the reference does not disclose or suggest a compound with the formula:
PNG
media_image3.png
148
234
media_image3.png
Greyscale
,
where W is bivalent radical of a compound or a bivalent radical of a derivative of a compound selected from the group consisting of: adenine, guanine, thymine, cytosine and uracil, i.e.
PNG
media_image4.png
140
142
media_image4.png
Greyscale
,
PNG
media_image5.png
158
172
media_image5.png
Greyscale
,
PNG
media_image6.png
110
150
media_image6.png
Greyscale
PNG
media_image7.png
112
158
media_image7.png
Greyscale
, and
PNG
media_image8.png
104
144
media_image8.png
Greyscale
,
as required by the present claims.
In light of the above, it is clear that Byun et al, Duan et al, Maji et al, Navarro-Ranninger et al. and Chen et al, either alone or in combination, do not disclose or suggest the compound as required by the present claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER C. KOLLIAS whose telephone number is (571)-270-3869. The examiner can normally be reached on Monday-Friday, 8:00AM – 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Boyd can be reached on (571)-272-7783. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER C KOLLIAS/Primary Examiner, Art Unit 1786
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